Code of Practice on Procurement of Supplies, Goods and Services
1.0
INTRODUCTION
1.1
This Code of Practice on Procurement of Supplies, Goods and Services (Code of Practice) is issued by the Secretary for Home and Youth Affairs, as the Authority under the Building Management Ordinance (Cap. 344) (BMO), under section 44(1)(a) of the Ordinance. This Code of Practice shall be read in conjunction with the provisions relevant to the procurement of supplies, goods and services in the BMO, including sections 2D, 2E, Division 5 of Part IV, Schedule 6A, Schedule 6B, Schedule 6C and Part 2 of Schedule 71 of the BMO.
1.2
All owners’ corporations (OCs) and management committees (MCs) shall comply with this Code of Practice.
1.3
Irrespective of whether a building has an OC or not, the person responsible for procurement2 (including the DMC manager or any other person for the time being managing the building for the purpose of enforcing the DMC, and a person who is accustomed or obliged to act in accordance with the directions or instructions of the manager in connection with substantive matters in respect of the procurement) is required to comply with the Code of Practice.
1.4
Apart from complying with the provisions of the BMO and the Code of Practice, the concerned persons are also required to comply with the relevant laws of the Hong Kong Special Administrative Region (HKSAR), including the Law of the People’s Republic of China on Safeguarding National Security in the HKSAR, Safeguarding National Security Ordinance and Prevention of Bribery Ordinance (Cap. 201) etc., when carrying out the procurement.
1 Pursuant to section 34E of the BMO, the provisions in Schedule 7 shall be impliedly incorporated into every Deed of Mutual Covenant (DMC) made before, on or after the material date as provided under section 34D of the BMO.
2 For the definitions of manager and responsible person, please refer to section 2(1) of the BMO.